What’s the difference between admissible vs inadmissible? These terms are important to keep in especially during trial. Contact Malloy Law Offices, LLC today!
Admissible vs inadmissible both are used to describe evidence and how it relates to a court proceeding. Admissible evidence is fair evidence or relevant facts to the case. On the other hand, inadmissible evidence is information that doesn’t portray accurate evidence to a specific case. It could also sway a jury emotionally and not factually. As well, it could be misleading or not be based on recognized science. It may be testimony from somebody who did not witness the crime.
Evidence could range from a witness’ testimony to demonstrative evidence such as physical objects, photographs, plats, drawings, things that the jury may hold and feel. The evidence is evaluated to determine whether or not it could be used in court. If it’s a jury trial, the judge is the gatekeeper of what evidence is admissible or inadmissible. Any jurisdiction like Maryland, D.C., and Virginia is going to have a host of rules of what’s admissible and what’s not admissible. Sometimes these arguments are presented to the court ahead of the trial in the form of Motion in Limine.
The court will rule on what’s admissible before the trial begins. Other times, these arguments may be raised on the fly during the trial and there might be arguments heard from the jury about what evidence is admissible. If one party objects to evidence, the judge will review the evidence. The judge will hear the arguments about the basis for why it’s admissible. Also, the opposing party’s arguments for why it’s inadmissible then make a ruling. If a piece of proof is deemed inadmissible, then it cannot be entered in the record as evidence and it can’t be used against the other party.
It can’t be referenced in closing arguments, it can’t be relied upon. During the trial, it’s important for the lawyer to make the record. In other words, if the evidence was not deemed admissible by the judge and not presented to the jury, the lawyer must put his arguments on the record in case he later appeals the issue. This is why it’s crucial to gather as much proof in the beginning and to have your lawyer look at what’s relevant to your specific case.
Our attorneys here at Malloy Law Offices, are willing to prepare you in every situation that can possibly happen in a courtroom. Keep in mind that most personal injury cases do not end up in trial. However, if your case is ever brought up to a jury or judge, we’ll be right by your side. To see more facts regarding personal injury cases, click here for more. Call (888) 607-8690 for a free consultation.